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Planning Board Minutes 04/15/2010
The meeting was called to order at 6:40 p.m. by Chairman Stu Lewin.  Present were regular members Mark Suennen and Douglas Hill, alternate Dean Mehlhorn, and Ex-officio Christine Quirk.  Also present were Planning Coordinator Nic Strong, Planning Assistant Shannon Silver and Recording Clerk Valerie Diaz.

Present in the audience for all or part of the meeting were Rick Matthews, Principal NBCS, Burr Tupper, Conservation Commission, John Riendeau, Road Agent, Dan MacDonald, Fire Chief, Dwight Lovejoy, Selectman, Chris Krajenka, Police Chief, Dick Moody, Fire Ward, Ian McSweeney, Russell Foundation, Jay Marden, resident, Don Duhaime, resident, and Donna Mombourquette, resident.

Discussion, re: Cul-De-Sacs

The Chairman thanked the audience members for attending the special meeting of the Planning Board.  He asked the discussion participants to refrain from discussing pending applications.  He reviewed a list of ground rules for the discussion that was also posted, as follows: 1) Only one person speaks at a time; 2) No separate side conversations; and 3) Be respectful of other’s opinions.  A detailed agenda was passed out to all members of the Board and audience.  
The Chairman stated that he hoped the discussion this evening would allow everyone to voice their views on the length of cul-de-sacs.  He noted that the Coordinator had sent out a memorandum regarding potential ideas on how to deal with the issues surrounding cul-de-sac length.  
The Chairman asked that all members of the audience introduce themselves; the audience members introduced themselves.  
The Chairman stated that one issue that made being a member of the Planning Board challenging is that consideration had to be given to all the different stakeholders in the process.  He continued that the basic idea or objective to processing the applications was to try and come up with the best outcome with the Town.  He noted that no matter what the application or the issue not everyone was always leaving the meeting happy with a decision.  He pointed out that the stakeholders that he referred to earlier included the State of New Hampshire, the Town of New Boston, various Town Boards, Departments and Committees, abutters, and the applicant.  
The Chairman stated after reading the last set of minutes of the Technical Review Committee there was a lot of discussion regarding cul-de-sacs and lengths.  He asked the audience members to present their views on what should be considered or done regarding the cul-de-sac length issue.  He added that he did not envision a resolution being agreed upon at this meeting but wanted opinions and concerns to be expressed.
Jay Marden asked to be advised on current length requirements of cul-de-sacs.  He also asked if the length of cul-de-sacs was established in a law or requirement and if so how and why it was established.  The Coordinator answered that the length requirement for cul-de-sacs could be located in the Subdivision Regulations.  She continued that the current length of cul-de-sacs was 1,000’.  She noted that up until 2004 the length was 600’.  She explained that following a meeting in 2004 the length of cul-de-sacs was increased to 1,000’.  She added that the length was based on the Fire Department’s number of people that could reliably come to a fire call and run the standard length of hose that was on the trucks of 1,000’.  She pointed out that the length of cul-de-sacs did not fall under the Zoning Regulations and does not require a variance.  She stated that an applicant could apply for a waiver from the Planning Board as the cul-de-sac length requirements were found in the Subdivision Regulations.  
Dan MacDonald, Fire Chief, wanted to clarify that all the departments that were present this evening had already had discussion years ago that highlighted what each department felt was safe and reasonable from their service providing efforts as to the length of cul-de-sacs.  He continued that as a result of the previous discussions the departments had agreed upon the length of cul-de-sacs to be 1,000’.  He added that the issues being discussed this evening were not new and were merely being reconsidered.  He pointed out that the determination of 1,000’ cul-de-sacs was not a Fire Department standard but was a result of talking with the various department heads who use the cul-de-sacs to provide services, i.e., emergency or maintenance, as well as reviewing other town’s requirements.  
Burr Tupper, Conservation Commission, believed that developers should be aware that they can utilize the Technical Review Committee to receive input from all the various boards prior to paying an engineer to develop their plan.  He added that the process has gone well over the last couple of years and he would urge a developer to approach the Technical Review Committee with any issues.  Jay Marden asked what Board Burr Tupper, Conservation Commission, was referring to.  The Chairman answered, the Technical Review Committee and explained that it was a Committee that reviewed applications outside of the Planning Board.  He added that the application would be returned to the Planning Board with comments from the various departments.  Jay Marden asked if the Technical Review Committee reviewed all subdivision applications.  The Chairman replied that not all subdivisions were reviewed by the Technical Review Committee.  He continued that only those applications were reviewed that contained issues that would be of significant concern to the various departments.  He stated that it was a way for the departments to have input on the subdivision.  He pointed out that the Technical Review Committee meets independently of the Planning Board but was a public meeting.  The Coordinator added that the Technical Review Board offered the members an opportunity to meet together on one occasion and condense all of the comments into one memo for the Planning Board.  Burr Tupper, Conservation Commission, stated that all the members met collectively avoiding information passing from one department to another.  He continued that meeting collectively created a really good forum for ensuring that all the members understood each other’s issues moving forward.  Chris Krajenka, Police Chief, added that all the department heads were present at the Technical Review Committee meetings and that regardless of conflicting issues all the members came to an agreement at the end of the meeting.  He commented that the process worked.  Dan MacDonald, Fire Chief, stated that the Technical Review Committee was his brain child.  He continued that prior to the Technical Review Committee, departments attempted to make decisions on their own without consideration of the impact on other departments.  He explained that the Technical Review Committee brought departments together to exchange information and solve problems.  He commented that the Town and the developers benefited from this process.  
Mark Suennen asked the members of the Technical Review Committee if it was their expectation that their submitted consensus to the Planning Board be accepted in total as their direction to the Board or as advice to the Board.  Dan MacDonald, Fire Chief, believed Mark Suennen’s two options were one and the same.  Chris Krajenka, Police Chief, also believed they were one and the same and stated that having all of the department heads speak to an issue should hold a lot of weight in a matter.  He continued that it was ultimately the decision of the Planning Board.  Burr Tupper, Conservation Commission, agreed with Chris Krajenka, Police Chief, and further commented that all of the department heads offered a certain expertise in a particular area and collectively come together to make their recommendations to the Planning Board.  He noted that the decision was ultimately the Planning Board’s, however, he hoped that the Planning Board would take advantage of the expertise being offered.  It was Douglas Hill’s opinion that the Planning Board rubber stamped most of what the Technical Review Committee recommended with the exception of the cul-de-sac lengths.  He stated that the Planning Board most often was placed between conservation and the Fire Department regarding road design.  He pointed out that the last three applications that broached the issue of cul-de-sac length placed the Planning Board in a position to make a decision that would either please the Fire Department or conservation.  Burr Tupper, Conservation Commission, believed that the Conservation Commission and Fire Department worked together.  He noted that a recent applicant had created an alternative plan that both the Fire Department and Conservation Commission approved.  It was Douglas Hill’s understanding that the Fire Department was never okay with a cul-de-sac length of over 1,000’.  Burr Tupper, Conservation Commission stated that he understood the Police and Fire Department’s perspective.  He noted that the Conservation Commission was concerned with impact on the wetlands, habitat, and protection of the aquifer.  He stated that the Conservation Commission was interested in minimizing the impact on wetland crossings.  He stated that the Town of New Boston currently had 50’ wetland setbacks for property and road construction.  He commented that he did not believe there was a conflict between the Conservation Commission and the Fire Department.  Douglas Hill clarified that he did not believe there was a conflict.  The Coordinator further clarified that Douglas Hill was referring to conservation purposes in general not necessarily the Conservation Commission.  Douglas Hill commented that at times Fire Department and conservation issues are naturally at odds.  Burr Tupper, Conservation Commission, stated that some pieces of land were not meant to be built on and that an expectation of the developers should be set up front.  He went on to say that the Technical Review Committee could be of assistance helping the developer set expectations of what they might be able to do with a parcel of land.  Douglas Hill pointed out that if an applicant was able to obtain suitable engineering it was not the Board’s decision on whether or not a parcel of land was buildable.  Burr Tupper, Conservation Commission, stated that the Commission could begin working with DES and make it terribly difficult for the developer.  He noted that he did not think his latter statement was a good solution.  
Don Duhaime stated that the Planning Board needed to understand that the Town of New Boston was small, had small departments, and a volunteer Fire Department.  He continued that the longer cul-de-sacs made it more difficult for the Fire Department to fight potential fires.  He believed that the Conservation Commission had contributed more input than any other departments on this matter.  Burr Tupper, Conservation Commission, commented that Don Duhaime’s statement was unfair.  Don Duhaime stated that Burr Tupper had not stopped talking all evening.  
Ian McSweeney, Russell Foundation, asked if any consideration had been given to allow different length allowances for cul-de-sacs in open space subdivisions versus conventional subdivisions.  He pointed out that some of the recent subdivisions had been open space subdivisions and as such the Town benefited from land conservation.  Douglas Hill answered that open space subdivision did not specifically address cul-de-sac lengths but allowed for more creative road design than a typical conventional subdivision.  Ian McSweeney, Russell Foundation, asked if the decision to exercise more creative road design was left to the applicant to decide.  Douglas Hill answered yes.  Ian McSweeney, Russell Foundation, pointed out that the State offered innovative zoning recommendations that could be followed.  Douglas Hill noted that he was more in favor of open space subdivisions than conventional subdivisions.  He believed that other towns were also favoring open space subdivisions.  
Chris Krajenka, Police Chief, stated that all the department heads were interested in the cul-de-sac lengths and had discussed the issue at length.  He continued that as the Police Chief he had huge concerns with cul-de-sac lengths over 1,000’.  He explained that a recent storm created a situation where the homes along the cul-de-sac were isolated due to a downed wire at the beginning of the cul-de-sac.  He pointed out that the aforementioned situation created huge concerns for him as the Police Department was small and did not have a lot of resources.  He continued that the department heads had discussed the cul-de-sac length at previous meetings without huge arguments and that a consensus between the department heads of a maximum of 1,000’ cul-de-sacs had been reached.  Douglas Hill pointed out that the Board required underground utilities for the most recent subdivisions with cul-de-sacs greater than 1,000’.  Chris Krajenka, Police Chief, stated that if there were a hostage situation in a cul-de-sac it would be impossible to reach any potential individuals needing medical attention located in the isolated area of the cul-de-sac.  Dwight Lovejoy, Selectmen, asked how far along the main road from which the cul-de-sac had access would houses need to also be evacuated in each direction.  Chris Krajenka, Police Chief, answered that it depended on the situation.  
Dwight Lovejoy, Selectmen, asked how other towns in the area handled the issue of cul-de-sac length.  Douglas Hill answered that it was a mixed bag because every town handled it differently.  The Coordinator added that some towns worked with a density requirement that so a cul-de-sac of a certain length could only have a certain number of lots.  She continued that some towns dealt with the cul-de-sacs on a case by case basis.  She stated that she had not come across a town that had not ever waived their cul-de-sac length requirement, noting, that those Boards, like New Boston, had to look at all sides of the issue.  
Ian McSweeney, Russell Foundation, commented that he believed that issue was not only the length of the cul-de-sac but also the density of the cul-de-sac.  He continued that it appeared the Police Department was concerned about the amount of people in the cul-de-sac whereas the Fire Department was more concerned with the length of the cul-de-sac.  Chris Krajenka, Police Chief, stated that he agreed with Ian McSwenney’s statement.  The Chairman asked if the Police Chief would recommend against a 2,500’ cul-de-sac with only four lots.  Chris Krajenka, Police Chief, answered that he would not recommend against a 2,500’ cul-de-sac with only four lots.
Douglas Hill pointed out that open space subdivision lots only had 50’ of frontage creating a development where there are potentially more houses on shorter road.  He continued that conventional subdivisions could have the same number of houses as the open space subdivision but the road could be three times as long.  
Burr Tupper, Conservation Commission, stated that the Commission was participating in a watershed initiative that also included the Russell Foundation, NH Fish and Game, and Southern New Hampshire Planning Commission.  He further stated that the initiative would be funding culvert assessments in the watershed with a goal of being proactive and assisting with future design.  Douglas Hill pointed out that the Town now requires culverts to be designed for the 50 year storm.  Burr Tupper, Conservation Commission, advised that the initiative would also be training volunteers to assess in stream flow and provide that information to the Town.  
Douglas Hill asked Dan MacDonald, Fire Chief, if he had complete control over the cul-de-sac length would he only allow 1,000’ exclusive of any conservation issues.  Dan MacDonald, Fire Chief, answered that the 1,000’ maximum cul-de-sac length was what all the department heads had agreed to five years ago.  He continued that the departments had reviewed other towns and based on New Boston’s resources, the size of the departments, risk factors, and attempting to keep the tax rate down it seemed that 1,000’ was pretty good.  He went on to say that it was a kick in the teeth to the department heads to grant cul-de-sac length exceptions 80% of the time after the Board had specifically come to them for their expertise on this matter.  He stated that the Planning Board was the most powerful decision making body when it came to developing the Town.  It was Dan MacDonald’s understanding that the Planning Board could only make decisions one of two ways: 1) Make decisions for the Town based on what the Town’s resources, departments and services have offered them to provide the best service possible within a budget; or 2) Make the decision for the developer.  He continued that the department heads were the ones who had to live with the decisions of the Planning Board and that was why they agreed to the 1,000’ length cul-de-sacs.  Chris Krajenka, Police Chief, stated that the cul-de-sac length discussions were done at great debate and he felt that the issue was being rehashed this evening.  
Dan MacDonald, Fire Chief, asked why 80% of the cul-de-sac length waivers not been in favor of the Town’s services.  Douglas Hill commented that not everyone who sat on the Planning Board was in some developer’s pocket and that legitimate reasons had been given for the approval of the waivers.  Dan MacDonald, Fire Chief, argued that approval for the waivers said to him that the Planning Board was against what the department heads had recommended and created situations that were going to be more dangerous, complex and critical.  Douglas Hill stated that there were compelling reasons why the Planning Board approved the waivers.  
The Chairman asked Rick Matthews, NBCS Principal, for his opinion of the 1,000’ cul-de-sac length.  Rick Matthews, NBCS Principal, stated that from the school’s point of view the longer a cul-de-sac the more the parents wanted buses to travel into the cul-de-sac, especially for the kindergarteners who were only five years old.  He continued that time constraints made it difficult.  He explained that the school’s time constraints were based on getting kids to the high school by 7:10 a.m., getting kids to the elementary school by 8:00 a.m. and then getting the buses to Mountain View Middle School.  He explained that the longer roads created situations where the buses tended to travel farther down them.  He pointed out that despite the mile requirement for children to get to their bus stops from their homes, buses would most likely end up traveling farther down the road for safety concerns.  He stated that he was concerned with the potential impact to the school’s budget noting that each bus costs $40,000.00.  The Chairman asked if there was either a Town or State regulation that stated a child did not have to travel more than a mile to a bus stop.  Rick Matthews, NBCS Principal, answered that a child can be required to walk up to one mile to a bus stop regardless of age.  He added that 1,000’ or 1,100’ cul-de-sac lengths were not a big deal to him but he acknowledged that the consensus of the group was 1,000’.
John Riendeau, Road Agent, stated that the only real impact that the cul-de-sac length had for his department is the potential of time consuming snow removal.  He gave a hypothetical example of a main road that was five miles long with twenty ½  to 1 mile long cul-de-sac off it.  He stated that a lot of time would be spent going in and back.  He added that he backed up the Fire and Police Departments’ safety concerns.  He stated that during a recent winter storm he was unable to plow a subdivision until the following day because of a downed wire and that people ended up walking over the live wire.  The Chairman pointed out that regardless of the cul-de-sac length being 1,000’ or 2,000’ the plow would still need to make two passes.  John Riendeau, Road Agent, expressed that he was concerned with the Planning Board continuing to approve longer cul-de-sacs for safety concerns.  
Mark Suennen asked the audience for their position on phased subdivisions that required temporary cul-de-sacs that could potentially be around for five or ten years.  He also asked the audience for their position on requiring emergency only access roads for cul-de-sacs that measured greater than 1,000’.  John Riendeau, Road Agent, stated that the only way to keep people from traveling on the emergency access road would be to keep it gated and locked.  He continued that in the event of an emergency the emergency personnel would need to stop and unlock the gate creating potentially life threatening time constraints.  Chris Krajenka, Police Chief, asked who would be tasked with maintaining the emergency access road.  Mark Suennen acknowledged that maintenance of the road and who would be responsible to carry the key for the lock were critical features but he was asking for a general idea of whether an emergency access road would be an acceptable alternative to cul-de-sac lengths greater than 1,000’.  Dan MacDonald, Fire Chief, commented that he was not against developers but believed that the developers needed to meet the Town standards before constructing the first house.  He continued that once the first house was built the Fire Department became responsible for responding to that house for emergencies.  He added that all services needed to have what was needed at the beginning, not half way through the project or five years later.  He stated that if the Town’s standards were not met, risks were created.  
Burr Tupper, Conservation Commission, stated that he supported the Fire Department and Police Department.  He stated that developers did not like to construct wetland crossings because they were expensive.  He advised that DES was going to be creating more stringent wetland ordinances because of all of the flooding in recent years.  He stated that the Conservation Commission did not favor wetland crossings because of the impact on the Town’s aquifer.  He stated that New Boston was unique because it had a very large watershed.  He noted that the watershed was a protected water system and as such it impacted the way developers develop around it.  He stated that the Conservation Commission in conjunction with the safety departments and the Road Agent had to manage the impact on the aquifer.  
Douglas Hill indicated that the developers for the last several subdivisions and a couple of pending subdivisions were able to construct either a loop road or a through road instead of a longer cul-de-sac.  He continued that the Planning Board decided to approve the waivers for longer cul-de-sacs because it mitigated wetland crossings, cut down on the number of lots, and added open space.  He noted that in most cases where the longer cul-de-sacs have been approved the developer could have constructed a through road or a loop road.  Burr Tupper, Conservation Commission, believed that one of the subdivisions that Douglas Hill was referring to would not have been allowed by DES to construct a through road.  He stated that the developer was using the idea of the through road as a threat to get what they wanted.  He stated that he was in complete agreement with the safety departments and the Road Agent that it was too long of a cul-de-sac.  Douglas Hill added that he wanted to make sure that everyone was on the same page.
Chris Krajenka, Police Chief, stated that he appreciated that developers were trying to get the best return for their investment, however, he felt that the Town should not be held hostage to what they want to make from their investment versus how it affected the community.  Douglas Hill responded that the developers had to meet the Town’s Zoning and Subdivision Regulations.  He noted that the issue of approving cul-de-sac length waivers was not black and white and the Planning Board reviewed what trade-offs would be obtained by approving the waivers, i.e, open space, eliminating wetland crossings, and fewer lots.  It was Chris Krajenka, Police Chief’s, opinion that the Town needed to dig their feet in and advise the developer to become more creative to meet the cul-de-sac length requirement.  
Ian McSweeney, Russell Foundation, commented that because of the fair number of times the cul-de-sac length had been approved greater than 1,000’ it appeared that there was not complete agreement between everyone.  He believed that there were trade-offs gained of fewer lots, less wetland crossings and significant open space.  He asked what safety measures should be put in place to allow for longer cul-de-sacs.  He suggested keeping vegetation a certain distance away from the shoulder of the road to prevent blockages in the road.  He also suggested requiring cisterns to be placed in cul-de-sacs over 1,000’ long.  
Dan MacDonald, Fire Chief, asked why the Planning Board was approving cul-de-sacs longer than 1,000’ when all the department heads advised not to do so.  Douglas Hill answered that the alternative to approving the longer cul-de-sacs in the last two subdivisions would have created large loop roads with two or three wetland crossings, a loss of 50 acres in open space, and more lots.  Dan MacDonald, Fire Chief, stated that the developer had represented to him that it would have been too expensive to create wetland crossings and he backed out.  Douglas Hill stated that he knew of three separate subdivisions where longer cul-de-sacs were approved that a loop road could have easily been constructed but the surrounding land would have been affected detrimentally.  
Dwight Lovejoy, Selectmen, suggested as an alternative to cul-de-sacs in excess of 1,000’ a developer could create a 1,000’ on each end of the proposed loop.  Douglas Hill answered that it was possible if there was a different road.  He continued that unfortunately New Boston was a difficult town to develop in because of the amount of wetland, hilly land, and number of rivers and streams.
Chris Krajenka, Police Chief, believed that DES would most likely have something to say about the potential for more lots and blown out areas as a result of proposed loop roads.  Douglas Hill clarified that DES would only be concerned with wetland crossings and a lot of land did not require wetland crossings.  
Jay Marden commented that he was amazed that the Planning Board had granted 80% of the subdivisions to have waivers for longer cul-de-sacs.  The Chairman noted that the percentage Jay Marden referred to dated back to 1985.  Jay Marden believed that the Planning Board should be allowed the flexibility as it has had in the past to approve longer cul-de-sacs for the reasons Douglas Hill had listed so that the land could be saved or appear more attractive.  Douglas Hill stated that the subdivisions that had been approved with cul-de-sacs greater than 1,000’ were done so because of extenuating circumstances.  
Dan MacDonald, Fire Chief, informed that Planning Board that the previous day a brushfire had occurred at the end of the Indian Falls cul-de-sac.  He explained that the Fire Department prevented one driver from getting home.  The Chairman stated that his point was that one fire every ten years that shut a road down for three to five hours had to be weighed against the idea of a subdivision with five or ten less houses, an extra hundred acres of open space which argument lead him  to the need to waive things.  He said that there may very well never be a fire that shuts down a road.  The Chairman went on to say that some of the things discussed by the departments may need more weight from others but he did not believe that statistics and point solutions were necessarily the be all and end all reason versus the other benefits and the trades made for the benefit of the Town.  He continued that there was an aspect of the Town’s population and the Master Plan that people find those types of things important versus the one time events.  Dan MacDonald, Fire Chief, asked if the Chairman would feel differently if that one time event happened to be at his home with his child inside.  The Chairman stated that the last set of ice storms marooned him at the top of Wilson Hill Road and a cul-de-sac had nothing to do with it.  Chris Krajenka, Police Chief, stated that he was taught to ask what was the value of somebody’s life.  The Chairman commented that if he took the argument to the extreme then New Boston should have no residents and we would never have that situation.  Chris Krajenka, Police Chief, stated that they were not asking the Planning Board to go to the extreme but were asking for the Planning Board to go by what they had collectively decided was a safe distance.  The Chairman wanted the department heads to think about other approaches, mitigating circumstances, or things that could be done that would address the safety issues and gain their support rather than just saying that “we said 1,000’ five years ago and that is the only way we are going to go”.  He continued that if they go through the exercise and nothing changes then he was okay with that.  Chris Krajenka, Police Chief, stated that not much had changed in the last five years and their opinions had not changed.  He went on to say that because of New Boston’s topography he could not think of a reasonable alternative.
Burr Tupper, Conservation Commission, stated that he was not in favor of a longer cul-de-sac to protect wetlands.  He noted that the Commission was not interested in taking easements on land that could not be built on.  He continued that the Commission was interested in nice parcels of land that could be used for recreation.  He pointed out that the easement on Bog Brook was useless as it was not accessible.  He also pointed out that if the Town took on an easement someone would have to own it and the Commission did not want to work with a homeowner’s association.  
Dan MacDonald, Fire Chief, stated that their decisions were not based on probability but possibility.  He asked the Chairman if he ever had a house burn to the ground.  The Chairman answered no.  Dan MacDonald, Fire Chief, then stated that since the Chairman did not have a house burn to the ground he therefore did not need fire insurance.  He stated that there was over $2 million worth of equipment at the Fire Department of which only 30% gets used every two years but it has to be invested in because of the uncertainty of situations in the next day or hour.  The Chairman did not agree with Dan MacDonald, Fire Chief’s, scenario because he believed the decision needed to be based on probability because of the possibility of multiple failures on the existing through roads that would create the same situation as a cul-de-sac.
Ian McSweeney, Russell Foundation, stated that as time went on and more land was developed and what was left to develop was substandard there would be more potential problems with wetland crossings.  He asked what things should be required for cul-de-sacs to address safety concerns.  He suggested having wider roads in cul-de-sacs.  Douglas Hill noted that the Town had fairly wide roads.  Ian McSweeney, Russelll Foundation, pointed out that the Indian Falls Road did not seem wide enough because it was blocked by the Fire Department.  Douglas Hill asked if the Fire Department was unable to fight the fire on Indian Falls Road because it was a cul-de-sac.  Dan MacDonald, Fire Chief, indicated that the issue was the fire trucks blocked the road and an individual was unable to access their home and their children.  
Donna Mombourquette wanted to thank the Planning Board and audience members for all the work that they do and said that it was impressive to hear all the points of view.  She asked what happened with the issue of requiring sprinklers in homes.  Douglas Hill answered that the sprinklers were a separate issue.
        Chris Krajenka, Police Chief, asked the Planning Board if they went with the Techinical Review Committee’s recommendations on the last three or four subdivisions.  Douglas Hill answered that other than cul-de-sacs lengths the Planning Board rubber stamped what the Committee recommended about 99% of the time.  Chris Krajenka, Police Chief, asked more specifically how many subdivisions with the cul-de-sac length issues addressed by the Committee had been approved.  Douglas Hill answered that he could only recall two or three subdivisions within the last three or four years.  He noted that the two or three that he could recall were the subdivisions he referred to earlier that loop roads could have been constructed.  He stated that this issue puts the Planning Board in a tough situation as it was not cut and dry.  The Chairman agreed with Douglas Hill that the cul-de-sac length tended to be the only issue with regard to the recommendations that came from the Committee.  Douglas Hill advised that a pending subdivision could potentially affect a lot of environmentally sensitive areas should the waiver for the longer cul-de-sac be denied and a through road be constructed.  
        John Riendeau, Road Agent, suggested creating a requirement that would ensure wetlands be replaced somewhere else on the property when they are disturbed by loop roads or through roads.  Douglas Hill noted that the developers were following state laws and the Planning Board could not make up laws.  Burr Tupper, Conservation Commission, stated that he was aware of the subdivision John Riendeau, Road Agent, was referring to and clarified that if the developer followed through with the loop road then they would shorten the cul-de-sac which meant that they would build fewer houses.  He continued that by adding fewer houses on the cul-de-sac a larger parcel of land of conservation land would be created.  He pointed out that his alternative was beneficial to everyone.  Chris Krajenka, Police Chief, added that the Committee was unanimous with this decision exclusive of the developer.  Burr Tupper, Conservation Commission, stated that the developer was unhappy because the alternative plan would cost him a lot of money.  John Reideau, Road Agent, questioned whether requiring the developer to create wetlands on the property when they had been destroyed by a loop road would create less damage.  Douglas Hill answered that he was unsure that the Planning Board was legally allowed to require John Riendeau’s suggestion.  Ian McSweeney, Russell Foundation, advised that the State did have thresholds that would require a developer to replace disturbed wetlands and he believed that the Town might be able to draft their own ordinances that could be more stringent.  
        
The Chairman summarized the meeting as follows:

  • The Fire Wards and Fire Department were satisfied with 1,000’ and believed that nothing could be done to mitigate the issue and it should stay the way it was.  The Fire Chief agreed.
  • The Police Department was satisfied with 1,000’ and believed that nothing could be done to mitigate the issue and it should stay the way it was.  The Police Chief agreed.
  • The Road Agent backed up the Fire and Police Departments 100%
  • Burr Tupper said the Conservation Commission was supportive of 1,000’ cul-de-sacs in general.
  • Rick Matthews said the schools took the position that the longer cul-de-sac the more likely the buses would have to travel down them.  
The Chairman thanked the department heads for their input and time.

Christine Quirk MOVED to adjourn the meeting at 8:00 p.m.  Mark Suennen seconded the motion and it PASSED unanimously.
           
Respectfully Submitted,                                         
Valerie Diaz, Recording Clerk